Before one can face charges of drug possession, they should have been found with substances whose use is controlled or are illegal under the law. There are different levels of severity to the charges, some of them being possession, intent to distribute and cultivation. The penalties for the charges are varied, with the last being among the most serious. In consideration of drug possession defense Memphis tn residents ought to know the various options they have at hand.
Almost all these charges require the services of attorneys that have the experience and skill in such cases. The attorney will need to understand all circumstances behind the charges so that they can create the best defense and thus get the individual to be cleared. For one to be arrested for possessing drugs, it has to be proved they were under their full control. The penalty will vary depending on the possessed drug. The quantity in question is also an important consideration.
Officers that deal with enforcement of laws dealing with drugs are allowed by law to search the home or car of an individual if they are suspected to be in possession of drugs. This can happen without a search warrant. It is important that one gives the officers full cooperation, irrespective of whether it is in their favor or not. If one is innocent, then the cooperation will not be used against them and they will still be able to speak to their lawyer before or after pressing of charges.
It is advisable to get an attorney well in time. He or she needs to be furnished with all details about the case to help come up with the defense. These details are used in proving that the arrest was not valid because of technicalities. The case will need to be proved as not holding any water.
One common defense is denying the charges by saying the drugs are not yours or that you were not aware that they were there. A criminal lawyer that is skilled will put pressure under the prosecutors to prove that the drugs in question actually belonged to his client and not for instance, other passengers in the vehicles. Therefore, denial remains one of the most important things to remember before the case kicks off.
There is also the defense that the drugs were planted by someone else. Whereas this may be effective, it is never too easy to prove since officers are reluctant to blow the whistle on their fellow officers. Besides, sworn testimony of law enforcement officers has a lot of weight in court.
There are instances when the Fourth Amendment rights of the individual are violated, which can be used in their favor. If the drugs were obtained through an illegal search and by seizure of the property of the individual, they may not be admissible. As a result, the charges could be dismissed.
Simply being charged with drug possession does not mean an individual will be convicted. Also important to remember is that one should never try to defend himself. An attorney will be best placed to handle the case.
Almost all these charges require the services of attorneys that have the experience and skill in such cases. The attorney will need to understand all circumstances behind the charges so that they can create the best defense and thus get the individual to be cleared. For one to be arrested for possessing drugs, it has to be proved they were under their full control. The penalty will vary depending on the possessed drug. The quantity in question is also an important consideration.
Officers that deal with enforcement of laws dealing with drugs are allowed by law to search the home or car of an individual if they are suspected to be in possession of drugs. This can happen without a search warrant. It is important that one gives the officers full cooperation, irrespective of whether it is in their favor or not. If one is innocent, then the cooperation will not be used against them and they will still be able to speak to their lawyer before or after pressing of charges.
It is advisable to get an attorney well in time. He or she needs to be furnished with all details about the case to help come up with the defense. These details are used in proving that the arrest was not valid because of technicalities. The case will need to be proved as not holding any water.
One common defense is denying the charges by saying the drugs are not yours or that you were not aware that they were there. A criminal lawyer that is skilled will put pressure under the prosecutors to prove that the drugs in question actually belonged to his client and not for instance, other passengers in the vehicles. Therefore, denial remains one of the most important things to remember before the case kicks off.
There is also the defense that the drugs were planted by someone else. Whereas this may be effective, it is never too easy to prove since officers are reluctant to blow the whistle on their fellow officers. Besides, sworn testimony of law enforcement officers has a lot of weight in court.
There are instances when the Fourth Amendment rights of the individual are violated, which can be used in their favor. If the drugs were obtained through an illegal search and by seizure of the property of the individual, they may not be admissible. As a result, the charges could be dismissed.
Simply being charged with drug possession does not mean an individual will be convicted. Also important to remember is that one should never try to defend himself. An attorney will be best placed to handle the case.
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